Represented excess liability insurer in construction accident case and negotiated favorable settlement.

Defended and negotiated settlement of sexual assault case involving a minor.

Represented excess liability insurers in motor vehicle accident case which involved partial paralysis, including analysis, advice, and settlement negotiations.

Achieved significantly compromised settlement of a premises liability case, which led to one death and injuries to another from a shooting at the client’s property.

Defended and negotiated settlement of construction accident case involving one death, and severe and permanent injuries to another.

Obtained dismissal of insurance agent errors and omissions claim involving failure to advise client to retain insurance policies.

Received summary judgment in Massachusetts state court for a major insurance broker in an employment case involving allegations of breach of contract and age discrimination.

Obtained defense verdict at trial in federal court in New Hampshire in a product liability action involving allegations that a defective electronic consumer product caused a fire that destroyed a house.

Received summary judgment in Massachusetts state court in an employment practices liability case, which involved allegations of gender discrimination and sexual harassment in the workplace.

Received summary judgment in Maine state court in a property insurance coverage action in which the court held that the appraisal process conclusively established the amount of the plaintiff's loss under the insurance policy.

Obtained defense verdict at trial for a major international insurance broker, which allegedly failed to procure proper insurance coverage for a product distributor, resulting in a significant uninsured loss.

Obtained defense verdict at trial in a case in which the plaintiff sustained a severe knee injury due to an alleged defective condition of the hot tub at a hotel.

Obtained dismissal of vicarious liability claim against an international youth sports organization through a motion for summary judgment.

Achieved substantially compromised settlement of a premises liability case prior to closing arguments at trial.

Defended complex, high-exposure chemical component product liability case in federal court, which involved property and economic damages to thousands of end-products.

Received summary judgment in premises liability case involving claims of negligent property maintenance.

Obtained dismissal of employment discrimination claim based on pregnancy.

Chris has a strong record of achieving settlements in potentially high-value cases, including:

  • A product liability case against a chemical distributor involving claims that the product caused the plaintiff to develop leukemia.
  • A boat accident claim involving the amputation of the leg of a young woman who was struck by the moving propeller while attempting to board the boat.
  • A liability claim against a property owner for serious injuries sustained by three occupants who were allegedly forced from the building because of an inoperable smoke detector system.
  • A boat accident case involving the amputation of the leg of a man struck by the propeller when attempting to board the boat after a swim.
  • A significantly compromised settlement of a boat accident claim involving a boat striking the head of a male swimmer.
  • A personal watercraft accident case involving a collision between two personal watercraft, which resulted in severe injuries to a man who ultimately had his leg amputated.

Representative Matters

Events

Represented excess liability insurer in construction accident case and negotiated favorable settlement.

Defended and negotiated settlement of sexual assault case involving a minor.

Represented excess liability insurers in motor vehicle accident case which involved partial paralysis, including analysis, advice, and settlement negotiations.

Achieved significantly compromised settlement of a premises liability case, which led to one death and injuries to another from a shooting at the client’s property.

Defended and negotiated settlement of construction accident case involving one death, and severe and permanent injuries to another.

Obtained dismissal of insurance agent errors and omissions claim involving failure to advise client to retain insurance policies.

Received summary judgment in Massachusetts state court for a major insurance broker in an employment case involving allegations of breach of contract and age discrimination.

Obtained defense verdict at trial in federal court in New Hampshire in a product liability action involving allegations that a defective electronic consumer product caused a fire that destroyed a house.

Received summary judgment in Massachusetts state court in an employment practices liability case, which involved allegations of gender discrimination and sexual harassment in the workplace.

Received summary judgment in Maine state court in a property insurance coverage action in which the court held that the appraisal process conclusively established the amount of the plaintiff's loss under the insurance policy.

Obtained defense verdict at trial for a major international insurance broker, which allegedly failed to procure proper insurance coverage for a product distributor, resulting in a significant uninsured loss.

Obtained defense verdict at trial in a case in which the plaintiff sustained a severe knee injury due to an alleged defective condition of the hot tub at a hotel.

Obtained dismissal of vicarious liability claim against an international youth sports organization through a motion for summary judgment.

Achieved substantially compromised settlement of a premises liability case prior to closing arguments at trial.

Defended complex, high-exposure chemical component product liability case in federal court, which involved property and economic damages to thousands of end-products.

Received summary judgment in premises liability case involving claims of negligent property maintenance.

Obtained dismissal of employment discrimination claim based on pregnancy.

Chris has a strong record of achieving settlements in potentially high-value cases, including:

  • A product liability case against a chemical distributor involving claims that the product caused the plaintiff to develop leukemia.
  • A boat accident claim involving the amputation of the leg of a young woman who was struck by the moving propeller while attempting to board the boat.
  • A liability claim against a property owner for serious injuries sustained by three occupants who were allegedly forced from the building because of an inoperable smoke detector system.
  • A boat accident case involving the amputation of the leg of a man struck by the propeller when attempting to board the boat after a swim.
  • A significantly compromised settlement of a boat accident claim involving a boat striking the head of a male swimmer.
  • A personal watercraft accident case involving a collision between two personal watercraft, which resulted in severe injuries to a man who ultimately had his leg amputated.

Representative Matters

Represented excess liability insurer in construction accident case and negotiated favorable settlement.

Defended and negotiated settlement of sexual assault case involving a minor.

Represented excess liability insurers in motor vehicle accident case which involved partial paralysis, including analysis, advice, and settlement negotiations.

Achieved significantly compromised settlement of a premises liability case, which led to one death and injuries to another from a shooting at the client’s property.

Defended and negotiated settlement of construction accident case involving one death, and severe and permanent injuries to another.

Obtained dismissal of insurance agent errors and omissions claim involving failure to advise client to retain insurance policies.

Received summary judgment in Massachusetts state court for a major insurance broker in an employment case involving allegations of breach of contract and age discrimination.

Obtained defense verdict at trial in federal court in New Hampshire in a product liability action involving allegations that a defective electronic consumer product caused a fire that destroyed a house.

Received summary judgment in Massachusetts state court in an employment practices liability case, which involved allegations of gender discrimination and sexual harassment in the workplace.

Received summary judgment in Maine state court in a property insurance coverage action in which the court held that the appraisal process conclusively established the amount of the plaintiff's loss under the insurance policy.

Obtained defense verdict at trial for a major international insurance broker, which allegedly failed to procure proper insurance coverage for a product distributor, resulting in a significant uninsured loss.

Obtained defense verdict at trial in a case in which the plaintiff sustained a severe knee injury due to an alleged defective condition of the hot tub at a hotel.

Obtained dismissal of vicarious liability claim against an international youth sports organization through a motion for summary judgment.

Achieved substantially compromised settlement of a premises liability case prior to closing arguments at trial.

Defended complex, high-exposure chemical component product liability case in federal court, which involved property and economic damages to thousands of end-products.

Received summary judgment in premises liability case involving claims of negligent property maintenance.

Obtained dismissal of employment discrimination claim based on pregnancy.

Chris has a strong record of achieving settlements in potentially high-value cases, including:

  • A product liability case against a chemical distributor involving claims that the product caused the plaintiff to develop leukemia.
  • A boat accident claim involving the amputation of the leg of a young woman who was struck by the moving propeller while attempting to board the boat.
  • A liability claim against a property owner for serious injuries sustained by three occupants who were allegedly forced from the building because of an inoperable smoke detector system.
  • A boat accident case involving the amputation of the leg of a man struck by the propeller when attempting to board the boat after a swim.
  • A significantly compromised settlement of a boat accident claim involving a boat striking the head of a male swimmer.
  • A personal watercraft accident case involving a collision between two personal watercraft, which resulted in severe injuries to a man who ultimately had his leg amputated.

Representative Matters

Endler and Flanagan Obtain Summary Judgment for Insurer Client in Coverage Dispute

Jesse Endler (Of Counsel-Philadelphia, PA) and Christopher Flanagan (Partner-Boston, MA) prevailed on summary judgment in the New Jersey Superior Court, Atlantic County, on behalf of Wilson Elser’s insurance company client in a first-party coverage action. The insured sought damages estimated at more than $100,000 for alleged breach of contract and bad faith arising from the client’s denial of coverage for the sudden collapse of the rear wall of its residential property. The collapse caused the rear wall to shift downward 12 to 18 inches, requiring the wall and several stories of decks to be removed and rebuilt. An investigation determined that the residence’s sill plate and framing had sustained prolonged, hidden water intrusion and trapped moisture, resulting in extensive rot, decay, disintegration, and deterioration. The insured admitted, as corroborated by experts for both sides, that the water infiltration had been ongoing for several years ‒ predating both the policy’s inception and the insured’s purchase of the property. Our client denied coverage under policy exclusions for collapse caused by decay and rot and for pre-existing damage.

Following discovery, Wilson Elser moved for summary judgment, arguing that the policy language was clear and unambiguous and that under the normal usage of its terms, the policy did not provide coverage for the loss. Chris and Jesse further argued that the client could not have acted in bad faith because its denial was based on the policy’s clear language. The insured countered that the policy language was confusing, provided illusory coverage, and required coverage for the loss, and further alleged that the insurer had acted in bad faith.

Following oral argument, the court agreed that the policy language was clear and unambiguous and that the loss was not covered. Because there was no coverage, the court concluded that the bad faith claim could not succeed and granted summary judgment in favor of Wilson Elser’s client, dismissing the case.

Jesse M. Endler and Christopher P. Flanagan

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